Last updated October 2022

These Consumer Purchase Terms and Conditions (the “Terms”) are a legal agreement between you and ONYX Motorbikes Inc., a Delaware corporation (“ONYX”, “us” or “we”), and apply to all consumer purchases by you of any model of ONYX’s electric bikes (“ebike(s)”) and/or related accessories or other products offered by ONYX (collectively with ebikes, the “Products”) in the United States only. By purchasing any Products from ONYX, whether online or at our showroom, or by using the Products you thereby agree to these Terms in their entirety. Please read these Terms carefully as they list your obligations and rights and include a requirement that all disputes that you may have under these Terms be taken to arbitration, instead of a jury trial or class action.

1. Application

These Terms apply to your purchase of the Products and use of the ebikes. Other interactions that you have with ONYX are subject to other agreements.

1. Owner’s Manual

A copy of these Terms and all other documents which apply to your purchase of Products are available for you to read on our website.

2. Ebike Online Or In-Store Orders

In the event you are purchasing an ebike

1. (i) by ordering online,
2.  (ii) in the ONYX headquarters in El Segundo, California 

ONYX will send you an email confirming our receipt of your order. ONYX has accepted your order upon shipment of the ebike. We reserve the right at any time, even after we send you a confirmation email, to decline or cancel your order or to limit order quantities for any reason, including errors or suspected fraud.

1. From time to time, in its sole discretion, ONYX may promote special offers, codes or referral programs for certain sales or product launches. Special offers, codes, and referral programs may not be combined and ONYX reserves the right to end or pause all such offers, codes, or programs at any time.

3. Refer A Friend Program Terms/Limitations

To qualify for a Referral Reward, the referred person must

1. (i) be a new customer,
2.  (ii) provide the name of the referring individual at time of purchase,
3.  (iii) make a purchase on www.onyxmotorbikes.com in an amount greater than the minimum amount specified in the referral offer, and
4.  (iv) not use any other active promotion or discount on their purchase.

Referring customers will receive a Referral Reward after the referral is confirmed and the referral credit is approved by a customer service member. In the event a referred person returns a purchased Product and their lifetime order value decreases below the minimum purchase amount, the referral credit awarded to the referring customer will be rescinded. Customers may not refer anyone who has an existing www.onyxmotorbikes.com account under an alternate email address.

Any abuse of this offer, as determined by us in our sole discretion, may result in the rescission of

1. (i) the referring customer's referral credit,
2.  (ii) the referred person's promo code; and
3.  (iii) both parties' ability to participate in this or future promotions.

Referral credit cannot be applied to previous purchases and is not redeemable for cash. This referral program is subject to modification or termination at any time without notice in our sole discretion.

4. Shipping

We are currently shipping across the United States. (For clarity, we DO NOT ship to Puerto Rico, or other U.S. territories.)

1. A shipping confirmation email will be sent to the email address attached to the order once the order has shipped.
2. We will use FedEx or other parcel service to ship your order. We DO NOT ship to PO BOXES or APO.
3. Orders containing discounted merchandise may take an additional forty-eight (48) hours to process.
4. Any changes that you make regarding shipping once the item is shipped, including but not limited to changing the address, putting an order on hold, or updating shipping settings/preferences may delay your receipt of the Products and replacement Products and/or refunds. If you would like to change the color or size of your ebike, you must do so prior to your order being shipped.
5. Please note we are not responsible for any lost, stolen, or damaged items due to the actions or inactions of FedEx or any other parcel service.
6. You will be responsible for paying for your own shipping costs for returning your item. Shipping costs are non-refundable. We recommend using a trackable shipping service and purchasing shipping. We cannot guarantee that we will receive the item you are attempting to return. For more information regarding our limited warranty and claims process, please review our Limited Warranty Terms, which are incorporated into by reference and form a part of these Terms.
7. For any third-party shipping outside of ONYX’s normal shipping process, ONYX cannot provide ANY additional shipping information or documentation.

5. Ownership

1. Title to all Products ordered by you and risk of loss to such Products will transfer to you at the time ONYX delivers such Products to the applicable shipping carrier.
2. Notwithstanding the foregoing, if we have not received payment in full for the Products prior to their delivery, then the Products will remain our property until such time as payment is received in full. We reserve the right (subject to applicable law) to terminate your right to use the Products if payment is not made when due, or if the credit/debit card company declined payment or requires us to return any payment made for the Products, for any reason.

6. Returns & Cancellations Policy

In order to undertake a valid return, you must obtain written approval for such return from ONYX, which can be obtained by completing the request form provided by our customer service department. Any Products sent back to ONYX by you without the written consent of ONYX shall be rejected and returned to you at your cost.

1. A cancellation is subject to a 50% restocking fee (for pre-orders as well as in-stock items that have not been shipped).

7. Ebike Returns

Returns within fourteen (14) days of delivery. On the date of purchase, a non-refundable fee of 50% will be deducted from the total refundable amount. To return an ebike that is not defective or damaged, you must contact ONYX within fourteen (14) days of your receipt of the ebike. The ebike must have less than twenty (20) miles on the odometer, be free of any wear and tear, dirt, dust, fragrance, or any other signs of use and must be in the same packaging and condition that you receive it and must include all items that were inside the box (charger, keys, hardware, etc.). You must receive prior authorization and a prepaid return shipping label from ONYX. Any warranty issues must be resolved prior to processing a return. Returns are not allowed after fourteen (14) days of the delivery date.

1. Pre-Orders and Backorders and Pre-Order/Backorder Cancellations. Our backorder process is for ebikes that have already been available but are temporarily out of stock. For all pre-orders and backorders, your credit/debit card will be charged immediately. There will be no delay in payment collection, regardless of when the item is expected to ship.
2. Accessory and Replacement Parts. Any purchase of accessories or receipt of a replacement part under the Limited Warranty shall be eligible for return within thirty (30) days of receipt. Any returned accessory or replacement part must be unused, free of any wear and tear, dirt, dust, fragrance, or any other signs of use and must be sealed and unopened in the same packaging and condition in which you received it. You will be responsible for paying for shipping both ways and will be subject to a twenty-five percent (25%) restocking fee.
3. Non-returnable/non-refundable Items. Used Products, batteries, special orders, sale items, gift cards and gifted orders shall not be returnable except in EXTREME cases of breakage/malfunction covered by our warranty, and then only after receipt of our approval for the return. “Built and Delivered” fees are nonrefundable.
4. Refunds.
1. Any item returned with an order that used a discount code will have the entire discount code value subtracted from the refund value, whether you return one ebike or multiple ebikes.
2. Refunds will be made after the Ebike is received and inspected.
5. Process. Please ship all approved returns using the shipping label provided during the return merchandise authorization process.

8. Ebike Performance

Please note that information regarding the expected range on a single charge on one of our ebikes is an estimate, not a guarantee. There are many factors that contribute to actual, real-world range for an ebike battery such as age of the battery, temperature, level of assist, speed, payload, and terrain. Given the right conditions, it is possible to get less than the expected minimum range or greater than the expected maximum range. ONYX reserves the right to use substitute parts, material, or equipment of equivalent quality and value that meet ONYX’s strict standards).

1. Alteration. Any alterations, modifications, or other changes made by you to an ebike following your purchase which affect the safety, operation, or mechanics of the ebike shall void the Limited Warranty and shall be at your sole risk of harm.

9. Payments

Our website is powered by Shopify and all payments made by you to ONYX are processed through Shopify’s payment portal. Payments may be declined or returned to you, in ONYX’s sole discretion, for any reason or no reason at all. If we accept a pre-order of any Product, your account, credit card, or other payment mechanism will be charged upon approval by ONYX, regardless of when your purchase is expected to ship. If any credit card chargeback of any amount is issued on an order, the Limited Warranty for that order will be paused until the chargeback has been resolved.

1. Tax. All applicable taxes (including sales tax) will be collected on all orders where such taxes are required to be collected.
2. Financing. For qualified purchasers, ebikes may be financed through ONYX’s consumer financing partners. The necessary qualifications for financing an ebike purchase, and your rights and obligations associated with such purchase, are solely determined by the consumer financing partner. It is your responsibility to review and understand all terms and conditions associated with financing an ebike purchase, and you hereby acknowledge that ONYX is in no way responsible for any such financing.

10. Liability

WE ARE ONLY LIABLE TO YOU FOR LOSSES WHICH YOU SUFFER AS A DIRECT RESULT OF OUR BREACH OF THESE TERMS AND WHICH ARE REASONABLY FORESEEABLE. OUR LIABILITY FOR SUCH LOSSES SHALL BE NO MORE THAN THE AMOUNT OF PURCHASE OF OUR PRODUCTS GIVING RISE TO SUCH LOSSES. WE ARE NOT LIABLE FOR ANY OTHER LOSSES.THESE TERMS DO NOT EXCLUDE OR LIMIT OUR LIABILITY (IF ANY) FOR:

1. (i) DEATH OR PERSONAL INJURY CAUSED BY OUR GROSS NEGLIGENCE;
2.  (ii) FRAUD;
3.  (iii) FRAUDULENT MISREPRESENTATION; OR
4.  (iv) ANY MATTER WHICH IT WOULD BE ILLEGAL FOR US TO EXCLUDE OR ATTEMPT TO EXCLUDE OUR LIABILITY.

YOU MAY HAVE OTHER RIGHTS GRANTED BY LAW AND THESE TERMS DO NOT AFFECT SUCH RIGHTS.

We recommend contacting your insurance provider to determine if your current insurance policy would cover you in the event of an accident. 

11. Disclaimer of Implied Warranties

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL PRODUCTS OFFERED BY ONYX, INCLUDING BUT NOT LIMITED TO THE EBIKES, ARE WARRANTED ONLY TO THE EXTENT EXPRESSLY STATED IN THE APPLICABLE PRODUCT WARRANTY PROVIDED WITH YOUR PRODUCT. OTHERWISE, THE PRODUCTS ARE PROVIDED “AS IS,” “WITH ALL FAULTS” AND “AS AVAILABLE” AND THE ENTIRE RISK OF USE AND PERFORMANCE REMAINS WITH YOU. ONYX AND ITS AFFILIATES, SUPPLIERS, AND LICENSORS DO NOT MAKE ANY REPRESENTATIONS, WARRANTIES, OR CONDITIONS, EXPRESS, IMPLIED, OR STATUTORY, AND HEREBY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT.

IN PARTICULAR, ONYX, ITS AFFILIATES, SUPPLIERS, AND LICENSORS MAKE NO WARRANTY:

1. (A) THAT THE PRODUCTS WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE OR PROVIDED ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS;
2.  (B) THAT ANY INFORMATION OR CONTENT OBTAINED THROUGH IT WILL BE ACCURATE, COMPLETE, OR RELIABLE; OR
3.  (C) THAT ANY DEFECTS OR ERRORS THEREIN WILL BE CORRECTED.

12. Disclaimer of Certain Damages

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL ONYX OR ANY OF ITS AFFILIATES, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, OR PUNITIVE DAMAGES; FOR LOSS OF PROFITS, BUSINESS, GOODWILL, ANTICIPATED SAVINGS, OR USE; LOSS OR CORRUPTION OF DATA, CONFIDENTIAL INFORMATION, OR OTHER INFORMATION; BUSINESS INTERRUPTION; PERSONAL INJURY; PROPERTY DAMAGE; LOSS OF PRIVACY; FAILURE TO MEET ANY DUTY OF GOOD FAITH OR REASONABLE CARE; NEGLIGENCE; AND ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER, ARISING OUT OF, BASED ON, RESULTING FROM, OR IN ANY WAY RELATED TO THESE TERMS OR THE PRODUCTS, EVEN IF ONYX, ITS AFFILIATES OR ANY SUPPLIER, OR LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

14. Acknowledgement and Indemnification

You acknowledge that there are inherent anticipated and unanticipated risks and dangers involved with the use of our Products, including the ebikes, whether intended or as a result of misuse. You understand that such risks can result in injury, death, illness or disease, physical or mental damage to yourself, your property, other third parties and their property, or to the property of ONYX. You agree to release, waive, defend, indemnify, and hold ONYX and its directors, officers, employees, agents, members, partners, suppliers, and licensors harmless and will keep them indemnified from any claim or demand, including reasonable attorneys’ fees, relating to or arising from:

1. (a) your purchase or use of any Products;
2.  (b) any violation by you of these Terms; or
3.  (c) your violation of another party’s rights or applicable law.

ONYX reserves the right to assume, at its sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with ONYX in asserting any available defenses.

13. How To Contact ONYX

If you have any questions or comments regarding these Terms, you may contact ONYX by any of the methods available on our website at www.onyxmotorbikes.com or by mail at the following address:

1924 E. Maple Ave. Suite A El Segundo, CA 90245; ATTN: Legal Department